Facts of the Case
Plaintiff in error is a corporation duly organized and incorporated as a religious society under the laws of the State of New York. E. Walpole Warren was, prior to September, 1887, an alien residing in England. In that month the plaintiff in error made a contract with him by which he was to remove to the City of New York and enter into its service as rector and pastor, and in pursuance of such contract, Warren did so remove and enter upon such service. It is claimed by the United States that this contract on the part of the plaintiff in error was forbidden by 23 Stat. 332, c. 164, and an action was commenced to recover the penalty prescribed by that act. The circuit court held that the contract was within the prohibition of the statute, and rendered judgment accordingly, 36 F. 303, and the single question presented for our determination is whether it erred in that conclusion.
Conclusions
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The Act of February 26, 1880, "to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," 23 Stat. 332, c. 164, does not apply to a contract between an alien, residing out of the United States, and a religious society incorporated under the laws of a state, whereby he engages to remove to the United States and to enter into the service of the society as its rector or minister.
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